Q: Did this attorney commit an ethics violation or lie in court? Should I report them?

A: I am sorry that you are dealing with this issue. I will do my best to answer, but be aware this is not to be considered legal advice since I am not licensed to practice in your state.

In short, attorneys have a professional duty to provide competent representation to their clients. In your scenario, if the attorney did not read the trust document itself, that raises questions about the attorney's competence and diligence in handling the matter.

Attorneys also have an obligation to be truthful and candid when making statements to the court. If the attorney stated in the first hearing that they had never received a copy of the trust, but you later learned they were working on trust-related matters for two years, this could be considered what is called a 'misrepresentation' or 'lack of candor.'

There is also a potential conflict of interest problem. The fact that the attorney was paid from the trust funds while representing one of the co-trustees may raise concerns about potential conflicts of interest.

The best way to determine if an ethics violation occurred is to have someone review the rules of professional conduct in the state where this attorney practices. Making false statements to the court, engaging in dishonesty, fraud, deceit, or misrepresentation -- these are all prohibited under most states' ethics rules.

If you have concerns that this attorney may have acted in violation of the ethics rules, you can report the matter to the relevant disciplinary authority in your state. In Michigan, you can file a complaint with the Attorney Grievance Commission (AGC) [you can look them up online]. From what I quickly searched online, you would fill out a form detailing the misconduct that you believe took place (include dates, times, events, and any supporting documentation). Submit the form, and they will review your complaint and conduct an investigation if they determine that this attorney's activities raises ethical issues. They also might ask for additional information from you during their investigation, so be sure to cooperate and follow-up when they send you follow-up inquiries. If they find misconduct, I understand that they will file a formal complaint with the Attorney Discipline Board (ADB).

A: You have two issues here: 1) did the attorney commit ethics violations, and 2) did the attorney engage in malpractice. Either way, it sounds like the attorney you are talking about is opposing counsel. As such, he or she has a duty to their client, not you; and candor to the court - not you.

So that's the legal issues. Factually, while I see your point, I'm unsure how, based on what you state is what was said on the record, you can prove this attorney lied to the court. You state this attorney said first that he or she never saw a copy of the trust, which prompted the court granting a two month adjournment. Then some information is revealed that show $9,000 in payments to this attorney, who seems to have been working with this person PRESUMABLY on these trust issues for over two years. You're going to need more than an assumption here. The court can't compel the attorney of their client to reveal what was worked on or discussed due to attorney-client privilege. It does not sound as if you have any proof the attorney did anything that would establish as fact that the attorney had an actual copy of the trust - nothing filed in court, for instance, or some other indicia of legal work - e.g., a letter drafted by the attorney acknowledging the trust.

I guess what I am saying is that it's possible that the attorney did work with this person for two years and never saw a copy of the trust. Your burden would be to produce admissible evidence to eliminate that as a possibility.

A: The fact that the respondent had been paying the attorney for over 2 years does not serve as prima facie evidence that the attorney did in fact have a copy of the trust. More detailed analysis needed in terms of second element. Good luck